The Beaumont school district trustee election will move ahead on Nov. 5, a state district judge ruled today, siding with the school district's legal point of view, but those on the short end of the decision - the three candidates who thought they had a ballot spot back in March - will challenge today's ruling in the Ninth Court of Appeals.

The school district prevailed as 172nd District Court Judge Donald Floyd agreed with its position that a federal court ruled it was "appropriate" for the school district to plan a new election after its original May 11 election first was temporarily halted and then canceled.

A request for an order from the Ninth Court of Appeals to enforce its earlier order in March resulted in an opinion from that court that because the May election did not occur, its earlier order no longer was in force.

Because of that, the three candidates came back to state district court after the federal court had dismissed the case because it no longer had jurisdiction.

After two days of hearings on successive Wednesdays, ending Sept. 18, Floyd issued his order that said the plaintiffs did not prove any harm that would justify the granting of an injunction to delay the Nov. 5 election.

"Plaintiffs have and continue to have every opportunity to run for election," Floyd said in his decision. "The fact that plaintiffs chose not to file an application for office for the November election means they, by their own choosing, decided not to run for these offices."

Michael Getz, one of four attorneys representing plaintiffs Marcelino Rodriguez, Donna Forgas and Linda Gilmore, said he disagrees with Floyd's reading of the law as it pertains to the school district calling for a new election after the May election had been postponed and after the date to hold it had passed.

Getz likens it to a storm like a tornado causing a delay in the election. He said it isn't up to a governmental body to set a new election with new rules and candidates. He said state law requires the district to hold the election it had originally scheduled.